Welcome to

HUMA 3060
Language and Migration
Week 7
Migration, language
and the law
(Contexts I)
Wednesday
19 October
 Your tutor

Professor James Simpson

hmjsimpson@ust.hk
Teaching assistant

Anish Mishra
amishraac@connect.ust.hk
 Aims of today’s session
• To study examples of language
requirements for immigration,
naturalization and citizenship
• To further explore the implications of
language requirements for migration
purposes
 Reading and discussion
You have read this paper and considered
your answers to the questions on the activity
sheet:
Adrian Blackledge (2009) “As a Country We Do
Expect”: The further extension of language
testing regimes in the United Kingdom.
Language Assessment Quarterly 6/1, 6-16.
(available on Canvas)
1. ‘Sufficient knowledge of English (or Welsh or
Scottish Gaelic)’ was introduced as a
requirement for citizenship in the UK in 2002
(p.10). What, according to Blackledge, were the
underlying reasons for this?

2. How were the language-related requirements

for citizenship and residence extended in the
years that immediately followed (p.10-14)?
 Language and immigration law
in the UK
Background: monolingualism in migration
policy
The run-up to the British General Election in
2019 was dominated by arguments about
the conditions of Brexit: how—if at all—the
UK would depart from the European Union
following the vote to leave in 2016.
 English language in the
Conservative Party manifesto 2019

“Fix our immigration system”

 English language in the
Conservative Party manifesto 2019

“Fix our immigration system”

 The English language and …
• National identity
• Social/community cohesion
• Social integration
• National security
• Immigration control
 English and national identity
• Cantle report (2002) concluded that
racially segregated ‘parallel lives’ dividing
white British and British Asian
communities were due in part at least to
supposedly low English language
proficiency among the British Asians.
• Heralded a discourse of social or
community cohesion and a retreat from
multiculturalism
English, national identity and social
cohesion
The “schizophrenia
which bedevils
generational
relationships” in
bilingual families
(David Blunkett, 2002)

Life in the UK Test

(2002)
English, national identity and
security

Tony Blair (2005) David Cameron

‘There are people (2011) Immigrants
who are isolated in
their own who don’t speak
communities who English cause
have been here for ‘discomfort and
20 years and still do disjointedness’ in
not speak English.
That worries me their own
because there is a neighbourhoods.
separateness that
may be unhealthy’.
Language and immigration
control

Nick Clegg (2010) ‘If

they want to play by
the rules, pay their
taxes, speak English,
that is a smart, fair,
effective way of
dealing with
immigration.’
 A hostile environment
Immigration and Naturalisation Bill, UK
Government, 2013:
‘To make provision about immigration law; to
limit, or otherwise make provision about,
access to services, facilities and
employment by reference to immigration
status’
A hostile environment

Aim of the Bill: ‘to create

a really hostile
environment for illegal
migrants’ (Teresa May,
UK Prime Minister,
2013).
 Language proficiency and
immigration policy
Council of Europe countries with a Knowledge of Society test
for immigration
90

80

70

60

50

40

30

20

10

0
2007 2016
Council of Europe countries with a Knowledge of Society test for immigration
 Discussion
Summarise the requirements for language,
citizenship and residence in the UK today.
https://www.gov.uk/english-
language/approved-english-language-
qualifications
What is your own view on whether a country
should have a language requirement for
immigration or residency?
 English language and
immigration law
Secure Borders, Safe Haven (Home Office,
2001) set out the case for a requirement for
knowledge of English for newcomers in
terms of its common-sense association with
social cohesion:
‘We need to develop a sense of civic identity
and shared values, and knowledge of the
English language [. . .] can undoubtedly
support this objective’
 English language and
immigration law

2002 2009 2013 2014 2020

Nationality, ‘Tiered’ system for People applying for 3rd edition of the Life ‘Australian-style
Immigration and immigration settlement have to in the UK Handbook. points-based’
Asylum Act; Life in introduced: points pass an English immigration system
the UK citizenship awarded for English language prioritising people
test (in English, language proficiency. examination at level ‘who have a good
Welsh or Scots B1+ on the CEFR grasp of English.’
Gaelic); ‘ESOL and (B2 for a Minister of
Citizenship’ courses Religion) + Life in the
(for beginners). UK test.

English language
requirement
introduced for spouse
Requirements or partner visas prior
extended to Indefinite to their entry into the
Leave to Remain. UK.
Entitlement to take
ESOL and Citizenship
classes in lieu of the
Life in the UK test
scrapped.
EU referendum, Brexit
decision, uncertainty
for EU citizens.

2007 2010 2013 2016

 Level group Level Description
•Can understand and use familiar everyday expressions and very basic phrases aimed at the
satisfaction of needs of a concrete type.
A1 •Can introduce themselves and others and can ask and answer questions about personal details
Breakthrough such as where they live, people they know and things they have.
•Can interact in a simple way provided the other person talks slowly and clearly and is prepared to
help.
A
•Can understand sentences and frequently used expressions related to areas of most immediate
Basic user
relevance (e.g. very basic personal and family information, shopping, local geography,
employment).
A2
•Can communicate in simple and routine tasks requiring a simple and direct exchange of
Waystage
information on familiar and routine matters.
•Can describe in simple terms aspects of their background, immediate environment and matters in
areas of immediate need.
•Can understand the main points of clear standard input on familiar matters regularly encountered
in work, school, leisure, etc.
•Can deal with most situations likely to arise while travelling in an area where the language is
B1
spoken.
Threshold
•Can produce simple connected text on topics that are familiar or of personal interest.
B •Can describe experiences and events, dreams, hopes and ambitions and briefly give reasons and
Independent explanations for opinions and plans.
user •Can understand the main ideas of complex text on both concrete and abstract topics, including
technical discussions in their field of specialisation.
B2 •Can interact with a degree of fluency and spontaneity that makes regular interaction with native
Vantage speakers quite possible without strain for either party.
•Can produce clear, detailed text on a wide range of subjects and explain a viewpoint on a topical
issue giving the advantages and disadvantages of various options.
•Can understand a wide range of demanding, longer clauses and recognise implicit meaning.
•Can express ideas fluently and spontaneously without much obvious searching for expressions.
C1
•Can use language flexibly and effectively for social, academic and professional purposes.
Advanced
•Can produce clear, well-structured, detailed text on complex subjects, showing controlled use of
C organisational patterns, connectors and cohesive devices.
Proficient user •Can understand with ease virtually everything heard or read.
•Can summarise information from different spoken and written sources, reconstructing arguments
C2
and accounts in a coherent presentation.
Mastery
•Can express themselves spontaneously, very fluently and precisely, differentiating finer shades of
meaning even in the most complex situations.
CEFR A1 A2 B1 B2 C1 C2

IELTS 2.0 3.0 3.5-5.5 5.5-7 7-8 8.0-9.0

42-71 72-94 95-120

(total) (total) (total)
4-17 18-23 24-30
10-15 (reading) (reading) (reading)
(speaking) 9-16 17-21 22-30
TOEFL
7-12 (listening) (listening) (listening)
(writing) 16-19 20-24 25-30
(speaking) (speaking) (speaking)
13-16 17-23 24-30
(writing) (writing) (writing)
 English language and
immigration law

2002 2009 2013 2014 2020

Nationality, ‘Tiered’ system for People applying for 3rd edition of the Life ‘Australian-style
Immigration and immigration settlement have to in the UK Handbook. points-based’
Asylum Act; Life in introduced: points pass an English immigration system
the UK citizenship awarded for English language prioritising people
test (in English, language proficiency. examination at level ‘who have a good
Welsh or Scots B1+ on the CEFR grasp of English.’
Gaelic); ‘ESOL and (B2 for a Minister of
Citizenship’ courses Religion) + Life in the
(for beginners). UK test.

English language
requirement
introduced for spouse
Requirements or partner visas prior
extended to Indefinite to their entry into the
Leave to Remain. UK.
Entitlement to take
ESOL and Citizenship
classes in lieu of the
Life in the UK test
scrapped.
EU referendum, Brexit
decision, uncertainty
for EU citizens.

2007 2010 2013 2016

 Preparation for Monday
In groups:
Choose a country (other than the UK) – one that
you are familiar with or not.
What, if any, are the language-related
requirements for immigration in the country which
you have chosen?
What are your group and individual views on
whether a country should have a language
requirement for immigration or residency?
Prepare a short (5-minute) presentation for
Monday
 Points to consider
• A country of the global North & West
(Europe, the US, the ‘Anglosphere’)?
• A country with which you are very familiar?
• Language-related rules about
– Entry?
– Residence?
– Citizenship/naturalization?
 In groups
In your groups, have a preliminary
discussion about this activity
- Which country will you choose?
- Where will you go, for information?
- How will you divide the task?
- How will you present the findings?
Life in the
UK test
and
handbook
 Life in the UK (practice) test
https://lifeintheuktest.com/

How did you get on?

The pass mark is 18/24.
Did you pass?
 Life in the UK test:
A linguistic penalty
Pass-rates suggests that users of non-
European languages and those from
countries without a strong tradition of
compulsory schooling and literacy education
are disadvantaged:
2013/14 pass-rates for applicants from
Afghanistan (40%) and Bangladesh (47%)
compare with those from Canada (95%) and
Iceland (100%) (Garuda 2017).
 Life in the UK Test:
Fairness and Justice
Does a test test what it should?
Questions of fairness

Should a test test what it does?

Questions of justice

(McNamara 2000)
 Preparation for Wk 8 - Monday
In groups:
Choose a country (other than the UK) – one that
you are familiar with or not.
What, if any, are the language-related
requirements for immigration in the country which
you have chosen?
What are your group and individual views on
whether a country should have a language
requirement for immigration or residency?
Prepare a short (5-minute) presentation for
Monday
 Preparation for Week 8 -
Monday
Read these posts and answer the questions:
https://www.languageonthemove.com/bad-
faith-migration-programs/
• How is language associated with the ‘de-
skilling’ that migration often involves?
https://www.languageonthemove.com/linguis
tic-discrimination-at-work/
• How is language used as a reason for
exclusion from the workplace?
 Preparation for Week 8 -
Wednesday
Christine Vicera is a writer, researcher, and filmmaker now
based at HKUST.
On Wednesday we will welcome Christine to discuss her
research with migrant domestic workers in Hong Kong.
Vicera, C. N. T. (2022) Toward Vocabularies of Liberation.
Verge: Studies in Global Asias, 8/1, 89-94.
De Guzman, O. (2003) Overseas Filipino Workers, Labor
Circulation in Southeast Asia, and the (Mis)management of
Overseas Migration Programs. Kyoto Review, 4.
Constable, N. (1997) Maid to Order. Cornell Books.
Preface and pp.1-10 available on Google Books.
 Any
questions?
hmjsimpson@ust.hk